Ceftriaxone Sodium Sterile from China – Final Findings

Ntfn 98 Whereas in the matter of
27.08.2008 imports of Ceftriaxone Sodium
(DoR) Sterile (also known as
Ceftriaxone Disodium Hemiheptahydrate-Sterile) [hereinafter referred to as the subject goods], falling under tariff item 2941 90 90 of the First Schedule to the Customs Tariff Act, 1975 (51 of 1975), originating in, or exported from, the People’s Republic of China (hereinafter referred to as the subject country) and imported into India, the designated authority in its preliminary findings vide notification No.14/18/2006-DGAD dated 7^th November, 2007 published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 7^th November, 2007, had come to the conclusion that –

(a) the subject goods had entered the Indian market from the subject country at prices less than their normal values in the domestic market of the exporting country;

(b) the dumping margins of the subject goods imported from the subject country were substantial and above de minimis;

(c) the domestic industry had suffered material injury and the injury had been caused to the domestic industry, both by volume and price effect of dumped imports of the subject goods originating in or exported from the subject country; and

had recommended imposition of provisional anti-dumping duty on the imports of subject goods, originating in or exported from, the subject countries;

And whereas, on the basis of the aforesaid findings of the designated authority, the Central Government had imposed provisional anti-dumping duty on the subject goods vide notification of the Government of India in the Ministry of Finance (Department of Revenue), No. 117/2007-Customs, dated the 30^th November, 2007, published in the Gazette of India vide number G.S.R. 747(E), dated the 30^th November, 2007;

And whereas, the designated authority in its final findings vide notification No. 14/18/2006 -DGAD, dated the 2^nd July, 2008, published in the Gazette of India, Extraordinary, Part I, Section 1, dated the 3^rd July, 2008, has come to the conclusion that-

(a) the subject goods have entered the Indian market from the subject country at prices less than their normal values in the domestic market of the exporting country;

(b) the dumping margins of the subject goods imported from the subject country are substantial and above de minimis; and

(c) the domestic industry has suffered material injury and the injury has been caused to the cosmetic industry, both by volume and price effect of dumped imports of the subject goods originating in or exported from the subject country;

and has recommended the imposition of definitive anti-dumping duty on imports of the subject goods originating in or exported from the subject country;

Now, therefore, in exercise of the powers conferred by sub-sections (1) and (5) of section 9A of the Customs Tariff Act, 1975 (51 of 1975), read with rules 18 and 20 of the Customs Tariff (Identification, Assessment and Collection of Anti-dumping Duty on Dumped Articles and for Determination of Injury) Rules, 1995, the Central Government, on the basis of the aforesaid final findings of the designated authority, hereby imposes on the goods, the description of which is specified in column (3) of the Table below, falling under tariff items of the First Schedule to the said Customs Tariff Act as specified in the corresponding entry in column (2), the specification of which is specified in column (4) of the said Table, originating in the countries specified in the corresponding entry in column (5), and exported from the countries specified in the corresponding entry in column (6) and produced by the producers specified in the corresponding entry in column (7) and exported by the exporters specified in the corresponding entry in column (8), and imported into India, an anti-dumping duty at the rate equal to the amount indicated in the corresponding entry in column (9), in the currency as specified in the corresponding entry in column (11) and per unit of measurement as specified in the corresponding entry in column (10) of the said Table.

Table

SNo	Tariff item	Description of goods	Specifi cation	Country of origin	Country of Export	Producer	Exporter	Amount	Unit of measure- ment	Currency
(1)	(2)	(3)	(4)	(5)	(6)	(7)	(8)	(9)	(10)	(11)
1	2941 90 90	Ceftriaxone Sodium Sterile	Any	People’s Republic of China	People’s Republic of China	Fujian Fukanga	Fujian Fukanga	56.77	Kilogram	US$
2	2941 90 90	Ceftriaxone Sodium Sterile	Any	People’s Republic of China	People’s Republic of China	Suzhou Dawnrays	Suzhou Dawnrays	55.61	Kilogram	US$
3	2941 90 90	Ceftriaxone Sodium Sterile	Any	People’s Republic of China	People’s Republic of China	Hebei Zhungrun	Hebei Zhungrun	55.76	Kilogram	US$
4	2941 90 90	Ceftriaxone Sodium Sterile	Any	People’s Republic of China	People’s Republic of China	Zhuhai United	Zhuhai United	57.98	Kilogram	US$
5	2941 90 90	Ceftriaxone Sodium Sterile	Any	People’s Republic of China	People’s Republic of China	Livzon Synthpharm	Lizhu Trading	55.64	Kilogram	US$
6	2941 90 90	Ceftriaxone Sodium Sterile	Any	People’s Republic of China	People’s Republic of China	Any combination other than the above		77.35	Kilogram	US$
7	2941 90 90	Ceftriaxone Sodium Sterile	Any	People’s Republic of China	Any other than People’s Republic of China	Any	Any	77.35	Kilogram	US$
8	2941 90 90	Ceftriaxone Sodium Sterile	Any	Any other than People’s Republic of China	People’s Republic of China	Any	Any	77.35	Kilogram	US$

2. The anti-dumping duty imposed under this notification shall be levied with effect from the date of imposition of the provisional anti-dumping duty, that is, the 30^th November, 2007, and shall be payable in Indian currency.

Explanation. - For the purposes of this notification, “rate of exchange” applicable for the purposes of calculation of such anti-dumping duty shall be the rate which is specified in the notification of the Government of India, in the Ministry of Finance (Department of Revenue), issued from time to time, in exercise of the powers conferred by section 14 of the Customs Act 1962 (52 of 1962), and the relevant date for the determination of the rate of exchange shall be the date of presentation of the bill of entry under section 46 of the said Customs Act.

[F.No.354/166/2007 –TRU]